A Southern Illinois Judge has ruled Illinois’ FOID card law unconstitutional, paving the way for the Illinois Supreme Court to take up the issue.

The case is The People of Illinois vs. Vivian Claudine Brown. Four years ago, Brown was accused of possessing a firearm without a FOID card. On April 27, Judge T. Scott Webb dismissed the charges against Brown, and also ruled the FOID card unconstitutional.

In his ruling, Judge Webb stated:

“A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age. It is a façade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes. Accordingly, if a person does something themselves from being able to exercise that right, like being convicted of a felony or demonstrating mental illness, then and only then may the right be stripped from them.”